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HomeMy WebLinkAbout052004 JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, May 20, 2004 Board lvlembers: Dan Titterness, Chairman - County Commissioner District # 1 Glen Hunting{ord - County Commissioner District #2 Patrick M. Rodgers - County Commissioner District #3 Geoffrey Masci - Port Townsend City Council Jill Buhler - Hospital Commissioner District #2 Sheila Westerman - Citizen at Large (City) Roberta Frisseli, Vice Chairman - Citizen at Large (County) StafMembers: Jean Baldwin, Health & Human Seroices Director Larry Fay, Environmental Healtb Director Julia Danskin, Nursing Seroices Director Thomas LAcke, MD, Health Officer Ex-otJicio David Sullivan, PUD #1 Chairman Titterness called the meeting to order at 2:30 p.m. in the Health Department Conference Room. All Board and Staff members were present with the exception of Commissioner Huntingford. There was a quorum. APPROVAL OF AGENDA Member Masci moved to approve the agenda as corrected adding under Old Business and Information Items the topic of Animal Control. Vice Chairman Frissell seconded the motion, which carried by a unanimous vote. APPROVAL OF MINUTES Member Masci moved to approve the minutes of April 15, 2004. Vice Chairman Frissell seconded the motion, which carried by a unanimous vote. PUBLIC COMMENT Dale Wurtsmith of EnviroCheck, LLC was present to express his concern about the County competing with private industry on EES inspections. He mentioned the County's recent adoption of a $30 filing fee, which he and other companies would have to pass along to their customers in the form of a price increase. Because the County can do inspections at a lesser expense and would soon get more business than it can handle, he recommended the County either raise its fees to be more in line with the private industry or cease doing EES inspections. He noted there are currently four companies in the County licensed to do this work. The Board agreed to revisit this topic after Staff has an opportunity to provide information and make a recommendation. Mr. Wurtsmith asked that Staff notify him when this item is back on the Board's agenda. (This toPic to be covered later under Fees.) HEALTH BOARD MINUTES - May 20,2004 Page: 2 OLD BUSINESS AND INFORMATIONAL ITEMS Cruise Ship Wastewater Discharl!e Pact Sil!ned: Dr. Tom Locke reported that on April 20, 2004 Governor Locke signed the memorandum of understanding to guide environmental practices of cruise ships sailing in Puget Sound. He understands this agreement meets or exceeds Alaska's standards, which are considered the toughest in the industry. Responding to the Board's question about the frequency of monitoring, he said the State Board of Health intends to address this topic after surveying those involved when the cruise season ends, around October. When asked by Member Buhler whether there is any opportunity for collaboration with Canada on this issue, Dr. Locke noted that Canada has regulations in place. If Washington wanted to regulate wastewater discharges by the cruise ship industry, there would need to be enabling federal legislation. Alaska's regulations are a combination of State and Federal laws. Member Westerman questioned how the agreement can go as the press release states, "beyond the very tough Alaska regulations" when it is voluntary and unenforceable? She believes now is the time to begin to get federal regulations in place. When asked by Member Masci if there might be legal grounds to pursue action against the Governor or State, Mr. Locke said this would be challenging in that neither is failing to perform any defined duty. Demonstrating harm from the landfall of cruise ship sewage is the challenge. He noted that when the voluntary regulation failed in Alaska, there was a case for federal legislation. Identifying failures is also difficult. Member Buhler commented that since Alaska has set the precedent, it should be easier for Washington State. Vice Chairman Frissell mentioned that while there was an unsuccessful legislative attempt to address this topic, the issue is expected to come up again. Dr. Locke said he believes that a previous attempt was in Skagit County and said that all coastal counties are concerned about this issue. Follow-Up April 15. 2004 Board of Health-Citv Council Meetinl!: Member Masci reviewed that since last month's Joint meeting, the City Council had discussed the funding issue and are awaiting a formal request from the County Administrator. Commissioner Rogers said that Staff prepared a formal request on behalf of the Health Board. Member Masci felt that a formal request might also need to come from the Board of County Commissioners. When asked if the specific amount had been determined, Member Masci said the matrix presented at the joint meeting showed the City's utilization share to be somewhere between S130K and $146K, depending on the formula. West Nile Virus Surveillance: Dr. Locke noted the 2004 season has officially started and while there have not yet been reports of any human cases in the U.S., the virus is expected to reach Washington this year. After two years of preparedness, detailed response plans and communication HEALTH BOARD MINUTES - May 20,2004 Page: 3 material are in place. In a few weeks, the County would begin accepting new specimens for bird surveillance. When asked about budgetary limitation on the number of birds that could be tested, Dr. Locke noted that two positive tests would confirm the official arrival of the virus. The availability of field-testing kits in Washington should aid abatement efforts in situations where there might be severe human impact. Animal Control: Member Masci read a communication from City Clerk Pam Kolacy asking that Environmental Health consider taking immediate action to find alternative housing for the seven additional dogs brought to the Jefferson County Animal Services (JCAS) as a result of recent enforcement action against a county resident. The animals are taking up over half of the available kennels and threaten premature euthanization of other dogs. Member Masci suggested Environmental Health Staff work with the Friends of the Shelter on a solution, including a possible fundraising campaign to purchase additional freestanding kennels. Larry Fay then responded to Board questions about solving the problem, such as seeking space in Clallam County's kennel. Charging the accused for kennel fees was suggested, but putting a lien on the property in the hopes of recovering costs was not believed to be an option. Staff is kenneling dogs together when possible and continues to work with a network of foster families and dog placement organizations. Dogs that are available for adoption should be kept on-site rather than in foster care. He would need to inquire whether dogs are being euthanized as a result of this situation. NEW BUSINESS Introduction: Interim Environmental Health Director: Larry Fay announced that he has accepted a position with Seattle/King County and that Dave Christensen of the County's Department of Natural Resources has agreed to act as Interim Director of Environmental Health until a replacement can be found. Hopefully by July, the County would be on its way to hiring a new director. Volunteers are being sought from the Board for the interview committee. This discussion item was added to the end of the meeting. Clandestine Dru~ Lab Ordinance Adoption Hearinll: Larry Fay reported that the draft ordinance has been further revised to include the Board of Health changes from the February meeting. Staff is recommending approval ofthe ordinance as presented. Public Comment: None. Based on a question by Member Masci, Larry Fay confirmed that violations ofthe ordinance would be enforceable and that Deputy Prosecutor Alvarez, in reviewing the document, found it to be accurate based on the Board's recommendations in February. Member Masci moved to accept the Ordinance relating to the public health hazards arising from real properties and structures contaminated by illegal drug manufacturing or storage HEALTH BOARD MINUTES - May 20,2004 Page: 4 and establishing procedures for minimizing the public risk arising from such contaminated properties and structures. Vice Chairman Frissell seconded the motion, which carried by a unanimous vote. Draft Solid Waste Ordinance Pre-Adoption and Call for Public Hearinl! on June 17.2004: Larry Fay reviewed that in 2003 the Department of Ecology adopted new regulations governing solid waste handling practices. Those regulations require health departments to update their regulations to be in compliance with the new rule. The draft, based on the Clallam County regulations, has been under review by the County Solid Waste Advisory Committee and a subcommittee of the Board of Health (Member Westerman and Commissioner Huntingford) with assistance by Melinda Bower. Member Masci moved to accept the Draft Solid Waste regulations with the typographical and grammatical changes submitted by the Board and recorded by Melinda Bower, as well as the following substantive changes, subject to review by Deputy Prosecutor Alvarez. Vice Chairman Frissell seconded the motion, which carried by a unanimous vote. Page 5, definition of Person: Explore legality of defining individual as a "person" and all the others in the list (corporation, company, association, society, firm, partnership, joint stock company, etc) as "entities." Page 7, the last sentence in 6.1 would also be added to 6.2. Page 8, under (a) include title definition after references to Washington Administrative Code (WAC). Page 10, 8.3.2 the second sentence should read, "Permit shall extend from February I through January 31." And again on Page 11~ 8.6.2, include the term of the permit rather than when it ends. Page 13, delete everything after "...produce records for inspections." Under, 10.2 explore with Deputy Prosecutor whether definition could be added for "pervasively regulated industry." Page 15, investigate language used in Clallam County ordinance to see if they list both Health Officer and Hearing Officer and consider listing "Hearing Officer" in the definitions section ~ "Health Officer would act as the Hearing Officer or can appoint the Hearing Officer...." The Board confirmed that the document would be redrafted and submitted for legal review. The final draft would be brought back to the Board of Health for the scheduling of an adoption hearing. Public Health Emerl!encv Preparedness and Response Update: Dr. Locke reviewed that planning has been ongoing for the past year. From this point forward, planning would become more intensive and would involve other agencies to a greater degree. In a review ofthe drills and simulations that would be occurring during the remainder of this year, Dr. Locke pointed out that the emergency preparedness plans are limited disclosure documents. He invited individual Board members to read the plans. HEALTH BOARD MINUTES - May 20,2004 Page: 5 Using a written matrix of focus areas and deliverables, Response Coordinator Lisa McKenzie provided a few examples of what preparedness and planning work has been done and would be done in the near future on a local and regional basis. She commented that this planning process has helped linkages with other agencies. In talking about possibilities for mounting large clinics, she mentioned Kitsap County has established a pilot medical reserve corps project, which might spill over to Clallam and Jefferson Counties. Dr. Locke noted that we are now preparing for a major training exercise in March 2005. Fees Discussion: Regarding the public comment given earlier in the meeting by Dale Wurtsmith, the Board felt it would be helpful to understand the basis of the County's fees and when they are set, as well as what Clallam charges. Mr. Fay suggested that Linda Atkins be present for the discussion of whether or not the County should be in the business ofEES inspections. It was mentioned that the policy issue is whether or not the County charges enough to pay for the service. There was Board support for holding a discussion of this and other fees in July. Interim Environmental Health Director - Interview and Orientation Committee: Jean Baldwin solicited volunteers to sit on the interview committee and to help with orientation. Those who agreed to help were Chairman Titterness, Member Masci, and Vice Chairman Frissell. Member Masci suggested Member Buhler be involved during the orientation phase. Member Masci recognized Larry Fay's significant contribution to Environmental Health during his tenure. Larry Fay expressed that he has enjoyed working in Jefferson County for 14 years. Cake and an appropriate goodbye is scheduled from 12-2:00 tomorrow. ACTIVITY UPDATE/OTHER ANNOUNCEMENTS - None AGENDA PLANNINGI ADJOURN The meeting adjoumed at 4:30 p.m. The next meeting will be held on Thursday, June 17,2004 at 2:30 p.m. in the Conference Room of the Jefferson County Health Department. JEFFERSON COUNTY BOARD OF HEALTH ltterness, Chairman /1J r .';0'--. . . /( ,: ~{- ~L/,- J(_ (. '-. Roberta Frissell, Vice Chairman Member (Excused Absence) Glen Huntingford, Member f1^ ' l,......... n ck. (')H-' nO', / ! (Q ......1,1.....'-- /?/.: .rt'f. ....... ~ ' 7?', ,i' vf\ ~ I~~ ~ .../ An Ordinance relating to the public } health hazards arising from real } properties and structures contaminated by } Illegal Drug Manufacturing or Storage } and establishing procedures for } minimizing the public risk arising } from such contaminated properties } and structures } Jefferson County Board of Health Ordinance No. 07-0520-04 WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is occurring frequently in counties of this state; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is particularly prevalent in rural counties such as Jefferson County because so rnuch of the county is not densely-populated, thus promoting the ability of those persons storing and manufacturing illegal controlled dangerous substances to hide and remain secret; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine amounts to an epidemic in rural counties such as this one; and WHEREAS, this epidemic has overwhelmed and will continue to overwhelm the quite limited resources of this county; and WHEREAS, responsibility for clean-up costs should rest with those who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their structures or real property and not upon the general populace as a whole; and WHEREAS, those persons who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their real property or structures should risk criminal charges for their behavior, which puts the health and welfare of the general populace at risk; and WHEREAS, the state legislature and state agencies have taken affirmative action to grant authority in this regard to local governments such as Jefferson County to deal with the problems associated with real properties and structures contaminated by the illegal manufacturing and storage of controlled dangerous substances, Ordinance No. 07-0520-04 re: Public Health Hazard Oeanup (Methanphetamine) NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF HEALTH as follows: SECTION I. AUTHORITY AND PURPOSE A. Authority This Regulation is adopted pursuant to Chapters 64.44 and 70.05 of the Revised Code of Washington (RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). All references to these RCWs and this WAC refer to the cited chapters and sections, as now or hereafter amended, and this regulation is supplementary thereto. B. Purpose This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for public contact with hazardous chemicals associated with the manufacture of illegal drugs. This chapter: 1) Provides procedures for enforcement of the Jefferson County Health Officer's determinations that property is unfit for use due to contamination from illegal drug manufacturing or storage, 2) Establishes requirements for contamination reduction, abatement and assessment of costs, and 3) Creates an appeals process for orders of the Health Officer issued to carry out the duties specified in Chapters 64.44 and 70.05 of the Revised Code of Washington (RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). SECTION II. APPLICABILITY This regulation shall apply to any site defined as an illegal drug manufacturing or storage site as per WAC 246-205-010. This regulation shall also apply to any property that is contaminated by illegal drug manufacturingor storage of materials associated with the manufacture of illegal drugs. This regulation shall not apply to industrial or commercial sites licensed or regulated by state or federal agencies where manufacturing processes use hazardous chemicals. SECTION III. DEFINITIONS When used in this regulation, the following terms have the meanings provided below. Definitions for other terms used in this regulation that are not defined below are provided in the WAC Chapter 246-205 and the RCW Chapter 64.44. A. Approved: Approved in writing by the Health Officer. B. Board of Health: Jefferson County Board of Health. 2 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) C. Envirorunental Health Division: The Jefferson County Envirorunental Health Division. D. Health Officer: The Jefferson County Health Officer appointed under RCW 70.05.050 or the Health Officers authorized representative. E. Nuisance: Any act or omission that may be detrimental to public health. F. Property: Any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture of a drug or storage of hazardous chemicals, including but not limited to: 1. Single-family residences; 2. Units or multiplexes; 3. Condominiums; 4. Apartment buildings; 5. Motels and hotels; 6. Boats; 7. Motor vehicles; 8. Trailers; 9. Manufactured housing; 10. Any ship, booth, or garden; or 11. Any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use. G. Property owner or owner: any occupant of property or person having an interest in the property as shown in the records of the Jefferson County Auditor or other such goverrunentallicensing or recording body. SECTION IV. CONTAMINATION REDUCTION A. Applicability The requirements in this regulation apply to contractors and property owners. The requirements in this regulation apply to property that has been found by the Health Officer to be contaminated and unfit for use pursuant to RCW 64.44.020 and 64.44.030, and WAC 246-205-540, including properties found contaminated and unfit for use by the Health Officer prior to the effective date of this regulation. B. Sampling All sampling performed for an initial site assessment or following contamination reduction procedures shall be conducted by a contractor certified by the Washington State Department of Health under WAC Chapter 246-205 or a Jefferson County Envirorunental Health Specialist using standardized sampling protocols and methodology. 3 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) C. Decontamination or Disposal Required 1. The owner of a contaminated property shall decontaminate or dispose of the property. The owner shall decontaminate the property in accordance with RCW Chapter 64.44 and WAC 246-205-570, or dispose of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within forty- five (45) days and decontaminate or dispose of the property within sixty (60) days of notification of contamination by the Health Officer, unless alternate deadlines are approved by the Health Officer. D. Decontamination Work Plans 1. All decontamination activities performed by property owners or contractors must have a work plan approved by the Health Officer. 2. All certified contractors and other persons approved by the Health Officer performing decontamination operations in Jefferson County shall use the "Environmental Health Division's Contractor Work Plan Template for the Cleanup of Illegal Drug Manufacturing Sites", as amended, or the "Washington State Department of Health's Work plan Template", as amended. These work plan templates may be obtained from the Jefferson County Environmental Health Division or the Washington State Department of Health. SECTION V. ABATEMENT AND ASSESSMENT OF COSTS A. After all appeals have been exhausted or if no appeal is filed within the time allowed for filing an appeal as required in Section VIII of this regulation, and the property owner or other persons to whom the order was directed have failed to decontaminate a contaminated property as ordered by the Health Officer under this regulation, the Health Officer may direct or cause the property to be decontaminated, closed, vacated, boarded up, removed, disposed of or demolished, and all costs thereof, including any actual administrative costs and actual attorney's fees and costs, shall be assessed against the property, the persons to whom the order was directed, or the owners of the property upon which the cost was incurred. B. Notice of the costs incurred shall be sent by first class and certified mail to the owners of the property upon which the costs are assessed or other persons against whom the costs are charged. The Health Officer may modify the amount, methods, or time of payment of such costs as he/ she may deem just, considering the condition of the property and the circumstances of the owner. In determining any such modification, the costs may be reduced against an individual who has acted in good faith and would suffer extreme financial hardship. 4 Ordinance No. 07-0520-04 re: Public Health Hazard Qeanup (Methanphetamine) C. Any costs incurred by Jefferson County abating the condition of the property may be collected by any appropriate legal remedy and shall constitute a lien on the property and the lien may be foreclosed in the same manner as real property tax liens. Costs associated with the foreclosure of the lien, including, but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by law, the court may allow the prosecuting authority a reasonable attorney's fee. D. Any amounts collected shall be distributed to any fund or source of funds for the program area from which payment for the work was made. SECTION VI. NOTICE AND ORDER PROHIBITING USE AND TO CORRECT VIOLATION A. Issuance Whenever the Health Officer determines that property has been contaminated and issues an order prohibiting use, he/ she may issue a written "Notice and Order to Prohibit Use and Correct Violations" (NOPUCV) of this regulation to certain persons. The NOPUCV shall be issued to the property owner, or to any person causing, allowing, or participating in the violation. If the whereabouts of said persons are not known, then the NOPUCV shall be issued to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located or at the address known to the county assessor AND the NOPUCV shall be conspicuously posted at the residence or parcel that is the subject of the NOPUCV. A copy of the NOPUCV shall also be mailed to each person or party having a recorded right, title, estate, lien or interest in the property. Content The NOPUCV shall contain: 1. The name and address of the property owner or other persons to whom the NOPUCV is directed; 2. The street address or description sufficient for identification of the property upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to that provision of the regulation which has been violated; 4. A statement of the action required to be taken to correct the violation, and a date or time by which correction is to be completed; 5 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) 5. A statement that each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each day the violation continues shall be considered a separate and distinct violation; and 6. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction andj or imposition of criminal penalties. 7. A notice to the recipient of the NOPUCV that a hearing before the local health officer shall be held upon the request of a person required to be notified of the NOPUCV pursuant to RCW 64.44.030, said notice to inform the recipient that the request for a hearing before the local health officer must be made within ten (10) days of the date when the NOPUCV was served and that any hearing requested in a timely manner must be held within not less than twenty (20) days and not more than thirty (30) days after the serving of the NOPUCV. C. Disposal Receipts The NOPUCV may also include a statement requiring the person to whom the NOPUCV is directed to produce receipts from a permitted solid or hazardous waste disposal facility or transporter to demonstrate compliance with an order issued by the Health Officer. D. Service of Order The NOPUCV shall be served upon the person to whom it is directed, either personally or by mailing a copy of the NOPUCV by first class and certified mail, postage prepaid, return receipt requested, to such person at hisjher last known address, except the method of service described in Section VI, Paragraph A, 2nd sentence above shall control for those persons or business who are notified of the NOPUCV because they are the last owners of record on the equalized assessment roll. E. Extension Upon written request received prior to the correction date or time, the Health Officer may extend, for good cause, the date set for corrections. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established, as a good cause. F. Supplemental Order to Correct Violation The Health Officer may at any time add to, rescind in part, or otherwise modify a NOPUCV. The supplemental order shall be governed by the same procedures applicable to all NOPUCV procedures contained in these regulations. G. Enforcement of Order 6 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) If, after the Health Officer duly issues any order, the person to whom such order is directed fails, neglects, or refuses to obey such an order, the Health Officer may: 1. Cause such person to be prosecuted criminally pursuant to this Ordinance. 2. Institute any appropriate action to collect a penalty assessed under these regulations; and! or 3. Abate the health violation using the procedures of these regulations; and! or 4. Pursue any other appropriate remedy of law or equity under these regulations. H. Written Assurance of Discontinuance The Health Officer may accept a written" Assurance of Discontinuance" of any act in violation of this regulation from any person who has engaged in such acts. Failure to comply with the "Assurance of Discontinuance" shall be a further violation of this regulation. SECTION VII. VIOLATIONS, CIVIL REMEDIES, AND CRIMINAL PENALTIES A. Violations 1. Violations of this regulation may be addressed through a civil remedy or prosecuted as a crime. 2. Each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each separate day the violation or offense contiues shall be considered a separate and distinct violation. 3. Any property that is declared contaminated or unfit for use is a public nuisance. 4. This regulation may be enforced by law enforcement officers, by the Health Officer, or by the Health Officer's designee. B. Civil Remedies 1. The violation of any provision of this regulation is designated as a Class 1 civil infraction pursuant to RCW Chapter 7.80, as amended. The Health Officer may issue a NOPUCV pursuant to RCW Chapter 7.80 if the authorized representative has reasonable cause to believe that the person 7 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) has violated any provision of these regulations or has not corrected the violation as required by a written NOPUCV. Civil infractions shall be issued, heard, and determined according to RCW Chapter 7.80, as amended, and any applicable court rules. 2. Civil infractions under this regulation include, but are not limited to, the following: a. Failure to Decontaminate: Any person who fails to decontaminate any property as required pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, has committed a Gass 1 civil infraction; b. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Gass 1 civil infraction; c. Removing, Destroying. Defacing, or Obscuring: a Notice: Any person who removes, destroys, defaces, obscures, or otherwise tampers with any notice posted pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; d. Failure to Comply with Order: Any person who fails to comply with any order issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Gass 1 civil infraction; e. Failure to Comply with a Written Assurance of Discontinuance: Any person who fails to comply with a written" Assurance of Discontinuance" issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, has committed a Gass 1 civil infraction. f. Failure to Comply with Approved Work plan: Any person who performs decontamination activities not in accordance with the approved decontamination work plan has committed a Gass 1 civil infraction. g. Failure to Report Contamination: Any person who becomes aware of contamination at a property is required, upon gaining such knowledge, to report the contamination to the Health Officer within one (1) working day. C. Criminal Penalties 8 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) The following are crimes under this regulation: 1. Failure to Decontaminate: Any person who has previously been found by a court to have committed a violation of section VII.B.2.a. of this regulation, "Failure to Decontaminate," and fails to decontaminate the same property as required pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to both fine and imprisonment. The court may also impose restitution. 2. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; 3. Occupying or Permitting Occupation of Property Declared Unfit for Use (Repeat Offenses): Any person who has previously been found by a court to have committed a violation of section VILB.2.b. of this regulation, "Occupying or Permitting Occupation of Property Declared Unfit for Use," and again occupies the property pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to both fine and imprisonment. The court may also impose restitution. 4. Obstructing Employees or Agents of the Local Health lurisdiction: Any person who obstructs any enforcement officer, employee or agent of the local health jurisdiction or other governmental unit in the enforcement or carrying out of the duties prescribed in this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more that $1,000 or to imprisonment in the county jail not to exceed ninety (90) days or to both fine and imprisonment. The court may also impose restitution. D. Other Legal or Equitable Relief Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of these regulations, or rules and regulations adopted under them. E. Imminent and Substantial Dangers 9 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) Notwithstanding any provisions of this regulation, the Health Officer may take immediate action to prevent an imminent and substantial danger to the public health. SECTION VIII. APPEALS A. Appeal of an Order Prohibiting Use Any person required to be notified of an order prohibiting use (an NOPUCV) under RCW 64.44.030 may appeal the order. The Health Officer will hear such appeals. Any such appeal must be made within ten (10) days of service of the order, and the appeal will conform to the requirements of RCW 64.44.030 and this regulation. The Health Officer's decision regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. The order prohibiting use shall remain in effect during the appeal. 1. Health Officer Administrative Hearing: Any person aggrieved by an order prohibiting use (an NOPUCV) may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements, in writing, of the reason why error is assigned to the Health Officer's decision. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision. 2. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not 10 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the order prohibiting use. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law, and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the rnatter is taken under advisement, written findings, conclusions, and orders shall be mailed to the appellant within twenty- one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the order prohibiting use by a preponderance of the evidence. 5. Appeals: Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer s decision must be filed within thirty (30) days of the date of the decision. B. Appeal of Notice and Order to Correct Violation 1. Stay of corrective action: The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer or from the requirements of an unfit for use order prohibiting use. 2. Health Officer Administrative Hearing: Any person aggrieved by a NOPUCV may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more 11 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the NOPUCV. The Health Officer may require additional actions as part of the decision. 3. Hearing- Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the NOPUCV. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the NOPUCV by a preponderance of the evidence. 12 Ordinance No. 07-0520-04 re: Pnblic Health Hazard Cleanup (Methanphetamine) 4. Appeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 5. Ap?eal of Health Officer's Decision to Board of Health: a. Any person aggrieved by the findings, conclusions or orders of the Health Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within thirty (30) days of the Health Officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. b. The decisions of the Health Officer shall remain in effect during the appeal. Any person affected by the NOPUCV may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) business days. c. Upon receipt of a timely written notice of appeal, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer. d. Board of Health hearings shall be open to the public and presided over by the chairman of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder. e. Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 13 , Ordinance No. 07-0520-04 re: Public Health Hazard Oeannp (Methanphetamine) SECTION IX. SEVERABILITY Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. SECTION X. EFFECTIVE DATE The effective date of this regulation shall be May 20 , 2004. APPROVED this 20th Day of May, 2004. JEFFERSON COUNTY BOARD OF HEALTH U~ /: J, .. ;:f . ,- 14: jC<'1..1'"l"/-"J /L.vUi0f..( Roberta Frissell, Vice Chairman ~asci, Member ---... Patrick M. Rodgers, Member SEAL: ~~~~~~ 11:;;;;;::ber ~ ~uhler, Member ATTEST: Q~~(l~ Joanna Sanders, Secretary (Excused Absence) Glen Huntingford, Member 14 PUBLIC HEALTH Always Working for a Safer and HEALTHIER JEFFERSON__ Memorandum To: Jefferson County Board of Health From: Larry Fay, Environmental Health Director ,>/( Date: May 13, 2004 /(S::(.... .. ..-.---/.. . / ." . ,~ C___.--.l Re: l't Draft Solid Waste Regulations Attached for your review is a fIrst draft of the proposed new county solid waste handling regulation. The Board is being asked to review and comment on this draft and, if ready, schedule a future adoption hearing In 2003 the Washington Department of Ecology adopted new regulations governing solid waste handling practices. The regulations require the jurisdictional health department must update its regulations by April 2004 so that they are in compliance with the new rule. Jefferson County Environmental Health prepared a working draft ordinance based on Clallam County's. The draft was reviewed by the solid waste advisory committed (SWAC) and revised based on their comments. Board members Westerman and Huntingford reviewed the SW AC draft offering further comments and recommendations. This draft incorporates their comments. COMMUNITY HEALTH (360) 385-9400 ENVIRONMENTAL HEALTH (360) 385-9#1 DEVELOPMENTAL DISABILITIES (360) 385-9400 SUBSTANCE ABUSE & PREVENTION (360) 385-9400 615 Sheridan Street, Port Townsend, Washington 98368 fax; (360) 385-940 I web site: www.co.iefferson.wa.us ][')11 w~,,~ll __/;,,''.A~!.<..l1,. JEFFERSON COUNTY BOARD OF HEALTH ORDINANCE NUMBER 2004- SOLID WASTE REGULATIONS May 2004 Draft Solid Waste May 2004 Effective Date mm/ddl04 1 'I'-t. ~...r';rI'Ij:!;.ll ~.. - L ,\-'~_J l~ Pertaining to the Management of Solid Waste Section I. 2. 3. 4. 5. 6. 7. 8. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 9. 10. II. 12. 13. 14. 15. 16. 17. 18. TABLE OF CONTENTS Section Title Authority Purpose Applicability and Exemptions Definitions Authority and Responsibility of Health Officer Owner, Operator, and Occupant Responsibility for Solid Waste Unlawful Dumping, Depositing or Burning Permits Permit Required Permit Applications Permit Issuance Permit Renewal Department of Ecology Review Permit Fees Permit Conditions Permit Suspension Placement of Solid Waste During Emergencies Inspections and Searches Fee Schedule Civil and Criminal Penalties Performance of Work, Abatement and Liens Hearings and Appeals Waivers to this Chapter Variances to Chapter 173-350 WAC Conflict Severability Draft Solid Waste May 2004 Effective Date nnnldd/04 2 Page 3 3 3 4 6 7 7 9 9 9 10 10 11 11 11 12 12 12 13 13 14 14 14 15 15 15 DJrtmft Health Regulations Pertaining to the Management of Solid Waste 1. Authority 1.1 These regulations have been adopted by the Jefferson County Board of Health under the authority of Article 11, Section 11 of the Washington State Constitution, Chapter 70.05 Revised Code of Washington (RCW), Chapter 70.95 RCW and, Chapter 70.93 RCW. 1.2 The Jefferson County Board of Health retains the authority to hold hearings, adopt findings and decide cases as authorized under the laws of the State of Washington. 1.3 The Board may appoint a Hearing Officer to hold hearings and decide cases or make recommendations for decisions, as determined by the Board and stated in the letter of appointment by the Board. 2. Purpose The purpose of these regulations is to prevent, control, mitigate, and correct the health hazards, nuisances, and the air, water, and land pollution associated with the disposal of solid wastes, and to achieve compliance with Chapter 173-350-700 (2). 3. Applicability and exemptions 3.1 These regulations shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government or recognized Native American Nations and Tribes. 3.2 Chapter 173-304 WAC, Chapter 173-350 WAC, Chapter 173-351 WAC, shall be enforced by the health officer as applicable. 3.2 These regulations are intended to allow the Health Officer all of the authority needed to implement and enforce the regulation of solid waste in Jefferson County. All valid statutes and regulations that apply to the regulation and management of solid waste in Washington State may be employed by the Health Officer when he or she has cause to do so. Definitions Agricultural Wastes: Non-dangerous wastes on farms resulting from the production of agricultural products including, but not limited to: crop residues, manures, animal Draft Solid Waste May 2004 Effective Date nnnldd/04 3 bedding, and carcasses of dead animals weighing each or collectively in excess of fifteen (15) pounds. Board of Health: or "the Board", the Jefferson County Board of Health. Commercial Dumping: The dumping or depositing of solid waste, with the exception of dumping by any person of solid waste generated from his or her own residential activities. Construction Waste: Non-dangerous solid waste, largely inert waste, generated as the result of construction of buildings, roads, and other man-made structures. Construction waste consists of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry, composition roofing and roofing paper, shakes, shingles, plastic and paper wrappings, plastic pipe, fiberglass insulation, carpeting, floor tile, glass, steel, and minor amounts of other metals like copper. Container: A portable device used for the collection, storage, and/ or transportation of solid waste including, but not limited to: re-useable containers, disposable containers, and detachable containers. County: Jefferson County, Washington Demolition Waste: Non-dangerous solid waste, largely inert waste, resulting from the demolition or razing of buildings, roads and other man-made structures. Demolition waste consists of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry, composition roofing and roofing paper, shakes, shingles, plastic pipe, fiberglass insulation, carpeting, floor tile, glass, steel, minor amounts of other metals like copper, and incidental amounts of clean soil associated with these wastes. Plaster (i.e., sheet rock or plaster board), yard wastes, stumpage, or any other materials that are likely to produce gases or leachate during the decomposition process are not considered to be demolition waste for the purposes of this definition. Bulky wastes, white goods, and asbestos-containing materials are not consider~d to be demolition waste for the purposes of this regulation. Department, or Jurisdictional Health Department: the Jefferson County Health and Human Services Department. Drop Box Facility: A facility used for the placement of a detachable container, including the area adjacent for necessary entrance and exit roads, unloading and turnaround areas. Drop box facilities normally serve the general public with loose loads and receive waste from off-site. Drop box facilities may also include containers for separate or mixed recyclables, which need to be clearly labeled. Draft Solid Waste May 2004 Effective Date nun/ddlO4 4 Ecology: the Washington State Department of Ecology. Health Officer: the Jefferson County Health Officer as defined in RCW 70.05.010 and RCW 70.05.050, andf or his or her authorized representative. Hearing Officer: the person authorized by the Board to conduct appeal hearings, or permit hearings, and to make findings and decisions from those hearings. Litter: All waste material including, but not limited to: disposable packages or containers thrown or deposited as herein prohibited, and solid waste that is illegally dumped, but not including the wastes of the primary processes of mining, logging, saw-milling, farming, or manufacturing. It includes the material described in subsection 13 as Potentially Dangerous Litter. Moderate Risk Waste (MRW): Solid waste that is limited to Conditionally Exempt Small Quantity Generator (CESQG) waste and Household Hazardous Waste (HHW) as defined in this regulation. MRW facility means a solid waste handling unit that is used to collect, treat, recycle, exchange, store, consolidate, andf or transfer Moderate Risk Waste. This does not include mobile systems and collection events or limited MRW facilities that meet the applicable terms and conditions of Chapter 173-350 W AC-360 (2) or (3). Noncommercial dumping: The dumping or depositing of solid waste that has resulted from single or multifamily residential activities. Notice and Order to Correct Violation: NOVC Nuisance: Created by unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the repose, health or safety of others; or unlawfully interferes with, obstructs or tends to obstruct, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property . Person: Any individual, corporation, company, association, society, firm, partnership, joint stock company, or any branch of federal, state, or local government or any other entity. Potentially Dangerous Litter: Material that is likely to injure a person or cause damage to a vehicle or other property. This includes: 1. Cigarettes, cigars or other tobacco products that are capable of starting a fire; Draft Solid Waste May 2004 Effective Date mrnIddl04 5 lri1'f'~JI"'r .1.LbiL:f2L.J.Ll, 2. Glass; 3. A container or other product made primarily of glass; 4. A hypodermic needle or other instrument designed to cut or pierce; 5. Raw human waste, including soiled diapers, regardless of wether the waste is in a container of any sot; and, 6. Nails or tacks. Problem Wastes: 1. Any solid material removed during a remedial action, a dangerous waste site closure, other cleanup efforts, or other actions, which contain hazardous substances, but are not designated dangerous wastes; 2. Dredge spoils resulting from the dredging of surface waters of the state where contaminants are present in the dredge spoils at concentrations not suitable for open water disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 404 of the Federal Clean Water Act (pL 95-217); or 3. Waste abrasive blasting grit or other material used in abrasive blasting. Common aggregates include, but are not limited to: silica sand, utility slag or copper slag. Waste abrasive blasting grit does not include blasting grit that will be reused for its intended purpose. Solid Waste: All putrescible and non-putrescible solid and semi-solid wastes including, but not limited to: garbage, rubbish, ashes, industrial wastes, swill, construction and demolition wastes, land clearing wastes, abandoned vehicles or parts thereof (including waste tires), and discarded commodities. This includes all solid and semi-solid materials that are not the primary products of public, private, industrial, commercial, mining and agricultural operations. Municipal sewage sludge or septage is a solid waste when placed in a municipal solid wa~te landfill subject to the requirements in Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, Chapter 173-308 WAC, Biosolids Management, and a solid waste handling permit issued by the Health Officer. Solid Waste Handling: The management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid waste, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms, or combinations therof. 5. Authority and responsibility of the Health Officer 5.1 The Health Officer of Jefferson County shall have the authority and responsibility to implement and enforce these regulations as stated in Chapter 70.05 Draft Solid Waste May 2004 Effective Date mrnIdd/04 6 DJrJ1\ftt RCW, Chapter 70.95 RCW, Chapter 173-351 WAC, Chapter 173-350 WAC, and Chapter 173-304 unless repealed or superseded by Chapter 173-350. 5.2. The Health Officer shall have the authority to take action or bring any legal proceeding as stated in RCW 43.70.190, including but not limited to the special proceedings authorized in Title 7, RCW (Special Proceedings and Actions). 5.3 The Health Officer, with the approval of the County Board of Health, and/ or the Board of County Commissioners, may contract with Ecology to assume responsibility and authority for all or part of Chapter 70.93 RCW, as stated in RCW 70.93.050. The Health Officer, subject to approval of the Board, shall also have the authority to negotiate a contract with Ecology dividing or sharing responsibilities with other entities as allowed by RCW 70.93.050. 5.4 The Health Officer and any Jefferson County department named in a contract, or interlocal agreement as in section 5.3 above, shall have authority to enforce the requirements and levy the penalties cited in RCW 70.93.060, according to the terms of the contract. Citations shall be adjudicated as required by Title 7, RCW (Special Proceedings and Actions). 6. Owner, operator and occupant responsibility for solid waste 6.1 The owner of any property, premises, business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the proper handling and disposal of all solid waste generated or accumulated by them on the property. Putrescible solid waste and waste that attracts vectors shall be stored in water-tight containers with lids securely fastened 6.2 The operator, occupant, or tenant of any property, premises, business establishment, or industry shall be responsible for the legal and satisfactory arrangement for the solid waste handling of all solid waste generated or accumulated by them on the property. 6.3 It shall be unlawful for any person to allow or permit solid waste to be deposited on or to remain on property or premises under their control without a permit as required by this article. The Health Officer is authorized to require the owner, operator, occupant, tenant or other person responsible for solid waste handling to abate illegal dumping or disposal maintained on property under their control, as part of a Notice and Order to Correct Violation (NOCV) issued to these regulations or other actions permitted by law. 7. Unlawful Dumping, Depositing or Burning 7.1 Violations and Exemptions. It shall be a violation of this regulation for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or Draft Solid Waste May 2004 Effective Date rnmIdd/04 7 Ii \!if~1.\\-i'-:r-; Jl/"_L((,\Ui.\~ under the surface of the ground or into the waters of the state except at a facility that is permitted to accept the solid waste: (a) PROVIDED, that this Chapter does not apply to the facilities, activities and wastes cited in WAC 173-350-020, when those facilities, activities and wastes are in compliance with applicable standards and legal requirements, and there has not been a violation of the performance standards as discussed in WAC 173-350-040, or a health hazard or nuisance has not been created. (b) The exemptions in section (a) above that may be applied to single family residences or family farms is limited to 12 cubic feet for any single family residence lot or 12 cubic yards per five (5) acres on acreage tracts to accumulate no more than 25 cubic yards. (c) If any owner or operator of any solid waste facility, or exempt facility or activity as cited in WAC 173-350-020 fails to comply with the performance standards in WAC 173-350-040, the health officer may initiate any action authorized by or cited in this Chapter. 7.2 Presumption. Whenever solid waste dumped in violation of Section 7.1 of this regulation contains three (3) or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of solid waste dumping. 7.3 Burning of Solid Waste Prohibited. It shall be a violation of this regulation for any person to burn solid waste in violation of Chapter 173-425 WAC and the regulations of the Olympic Region Oean Air Agency. It shall be a violation of this regulation for any person to cause or allow any open fire containing prohibited materials which include, but are not limited to: garbage, dead animals, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, processed wood, construction debris, metal or any substance which, when burned, releases toxic emissions, dense smoke or obnoxious odors. 7.4 Disposal Service Required. When a person does not dispose of solid wastes in a manner consistent with these regulations, the Health Officer may order said person to obtain ongoing and regularly scheduled solid waste collection service if said person does not already have this service and if a solid waste collection service exists or is offered in the geographic area where the person resides. If ~aid person does not have this service and resides in a geographic area where a single solid waste collection service operates exclusively under covenant or ordinance as required by local government, and said service is mandatory for persons residing within the jurisdiction of the local government, the Health Officer may schedule ongoing regularly scheduled service for said person with this solid waste collection service. H service is cancelled through nonpayment, it will be deemed a violation of this paragraph. Draft Solid Waste May 2004 Effective Date mmldd/04 8 7.5 Disposal Receipts Required. Any person in violation to whom a Notice and Order to Correct Violation (NOCV) has been issued is required to produce receipts from a permitted solid waste disposal, recycling and/ or reclamation facility or solid waste transporter to demonstrate compliance with the NOCV issued by the Health Department. 8. Permits 8.1 Permit Required. No solid waste disposal site or facility in Jefferson County shall be maintained, established, substantially altered, expanded, or improved until the county, city or other person operating or owning such site or facility has obtained a permit from the Department. 8.1.1 Only persons complying with this regulation, Chapter 173-350 WAC, Chapter 173- 351 WAC, the Jefferson County Comprehensive Solid Waste Management Plan aCCSWMP), applicable county/city ordinances, ?.nd the conditions of the issued solid waste permit shall be entitled to receive or maintain such a permit. 8.1.2 The Health Officer may require a permit, or take other enforcement action, for any site or facility handling fifty (50) cubic yards or more of any solid waste as stated in Chapter 173-350-020 WAC, if the handling of the solid waste at the site or facility poses risk of environmental degradation (including, but not limited to: surface or ground water pollution, air pollution or methane generation) or has potential impacts on public health. 8.2 Permit Applications 8.2.1 Applications for new or expanded solid waste disposal sites or facilities shall be submitted on a form approved by the Health Officer in accordance with Chapter 173- 350 WAC and/ or Chapter 173-351 WAC. Filing shall not be complete until the Department has received: (a) two copies of the completed application and attachments signed by the property owner and applicant, (b) the Department has evaluated application materials to ensure all required information has been included, (c) the applicant has filed an environmental checklist required under the State Environmental Policy Act (SEPA) rules, Chapter 197-11 WAC, completed all hearing requirements of County SEP A and land-use regulations, and (d) the applicant has paid all applicable review fees. 8.2.2 Permit applications for solid waste facilities shall be prepared by a licensed civil or - sanitary engineer with experience in the areas necessary for submitting acceptable solid waste designs and specifications. Applications shall comply with the requirements of Chapter 173-350-710 WAC and Chapter 173-350-715 WAC. The Health Officer may Draft Solid Waste May 2004 Effective Date mmldd/04 9 I'~I-"'.""Jric __))lltrAh,l..!. exempt certain solid waste facilities from the engineering design requirements depending upon the nature and type of solid waste material handled. 8.2.3 The Health Officer may request additional information if it is deemed necessary for consideration of an application. The permit application shall not be considered complete, and the 90 day review period started until all required and requested information as required by WAC 173-350-700(1)(a) and WAC 173-350-715 has been received by the Department. 8.2.4 When the application is complete, the Department shall forward one copy of the complete application to Ecology for a 45 day review as discussed in WAC 173-350- 710(1)(c)(i). 8.2.5 Every completed solid waste permit application shall be approved or disapproved within ninety (90) days after its receipt by the Department or the applicant shall be informed as to the status of the application. 8.3 Permit Issuance 8.3.1 The Health Officer may issue a permit for a period of up to five years when it has been determined that the facility meets the requirements of this regulation and all other applicable laws and regulations, conforms with the approved JCCSWMP, and complies with applicable county/city ordinances. The initial period of validity shall be determined by the Health Officer, and may be bastd on the Health Officer's need to determine adequacy of compliance with permit conditions or may be based on the stages of development of the solid waste facility, or other aspects of the permitted facility. 8.3.2 Permit issuance shall comply with Chapter 173-350 WAC-710 (2) and, Chapter 173-351 WAC, or Chapter 173-304 WAC as applicable. Permits shall expire on January 31st of the final year of permit validity. 8.3.3 Post-closure permits shall comply with Chapter 173-350 WAC, WAC 173-351, and all conditions contained in the post-closure plan. 8.3.4 The permit shall be displayed at the solid waste facility at all times of operation. 8.4 Permit Renewal 8.4.1 The owner or operator of a facility shall apply for renewal of the facility's permit thirty (30) days prior to permit expiration, in accordance with Chapter 173-350-710 WAC, Chapter 173-351 WAC, or Chapter 173-304 as applicable, and this regulation. Previous information submitted to the Department may be referred to on thesapplication forms. Changes in operating methods or other changes must be noted on Draft Solid Waste May 2004 Effective Date mmldd/04 10 I!llrtllJi1 the application in order to be authorized by permit, unless the changes in operating methods are at the direction of the Health Officer. 8.4.2 The renewal application will be reviewed for compliance with this regulation and all other applicable regulations. Other information from inspections, complaints, or known changes in the operations will also be reviewed. 8.4.3 Every completed solid waste permit renewal application shall be approved or disapproved within forty five (45) days after its receipt by the Department or the applicant shall be informed as to the status of the application. 8.4.4 Any facility not in complete conformance with this regulation or any other applicable regulations may be placed upon a compliance schedule as part of the issued permit. 8.4.5 All facilities subject to post-closure permits and conditions are also subject to modification if site conditions or monitoring results indicate the need for changed permit conditions. 8.5 Department of Ecology Reviews. All solid waste facility permits issued or renewed will be forwarded within seven days of issuance to the Ecology r for a 30 day review. Upon review, Ecology may appeal the Department issuance or renewal of a solid waste facility operating permit to the State Pollution Control Hearings Board, as stated in RCW 70.95.185 and RCW 70.95.190. 8.6 Permit Fees. 8.6.1 An annual permit fee shall be charged as specified in the fee schedule adopted by the Jefferson County Board of Health. 8.6.2 Facilities that continue operation past January 31st of the year following expiration or without having paid all required fees shall be considered not to have a valid permit may be considered in violation of this regulation and may be ordered closed by the Health Officer. 8.6.3 Facilities monitored under a post-closure permit shall pay annual fees as required by the adopted fee schedule. 8.7 Permit Conditions 8.7.1 Each permit issued by the Department may include conditions set by the Health Officer. The conditions of the permit shall assure that the permitted facility conforms with the purpose and objectives of this regulation. 8.7.2 The conditions that may be set by the Health Officer include, but are not limited to: Draft Solid Wasle May 2004 Effective Date mm/dd/04 11 ;",., (a) compliance schedules; (b) types and quantities of wastes accepted; (c) operating procedures; (d) scheduling and hours of operation; (e) types and frequency of any environmental monitoring; (f) addition of pollution control and reduction systems; (g) other relevant conditions that have been identified by the SEP A compliance review process; (h) conditions based on the inspection of the facility or the review of the facility at the time of permit renewal; and (i) conditions based on the results of required facility environmental monitoring data. 8.7.3 The conditions under which the permit is granted shall be specified in writing and shall be in addition applicable regulations and approved operating plans and specifications included in the solid waste application. In the absence of any additional conditions set forth by the Health Officer, the approved operating plans and specifications shall constitute the conditions of the solid waste facility operating permit. 8.8 Permit Suspension The Health Officer may suspend all or part the activity permitted by a solid waste permit upon discovery of actions or physical conditions that are a violation of this regulation, State solid waste laws, or the conditions of the issued permit. 9. Placement of solid wastes during emergencies 9.1 Upon request, the Health Officer may allow the transportation and storage of solid wastes to a location approved by the Health Officer during or after an emergency. The materials that may be so placed include building materials and foundations, utility pipes, wires, materials from roads and bridges, matp.riaIs from floods or landslides or other geologic events, materials from fires or explosions, or other materials as determined by the Health Officer. 9.2 The purpose of allowing this emergency transportation and storage is allow the clean up or restoration of critical community facilities in a timely fashion while reserving the right to make further changes at a later time. 9.3 The Health Officer may limit the nature and quantity of materials so placed in order to prevent health hazards, nuisances or other issues cited in these regulations. 9.4 The Health Officer may require the subsequent removal or relocation of any materials found to be unsuitable for long-term storage or disposal on the originally approved location. 10. Inspections and searches Draft Solid Waste May 2004 Effective Date mmlddl04 12 T-\';)'I(-'~rij* ...,-...//."',.....'-,0" 10.1 Inspections and searches of permitted facilities. All facilities that have applied for a solid waste permit or have received a solid waste permit are subject to inspection by the Health Officer without notification. These inspections, sometimes called "administrative searches" do not require that a warrant first be obtained. These inspections are necessary to determine compliance with permit conditions, and to prevent the hiding or burying, or improper destruction of materials subject to this. The Health Officer may enter and inspect and take samples at any such facility or location, private or public, at any reasonable time or during the facility's regular business hours to determine compliance with legal, permit, or environmental conditions. For this purpose, facilities include all real property, buildings, equipment, vehicles, storage containers, and structures related to waste handling, and all records, both print and electronic, that are related to the reception, storage, handling or disposition of solid waste materials. 10.1.1 The Health Officer may require that solid waste permit applicants or permit holders produce records for inspection if those records are kept at any location off the permitted site. 10.1.2 The health officer shall notify all applicants for solid waste permits and all holders of solid waste permits that they are subject to inspection as in section (1) above. A similar notice shall be included in all issued solid waste permits. 10.1.3 The Health Officer may only release records to the public when such release is in compliance with Chapter 42.17 RCW. 10.2 Obtaining a search warrant. If the Health Officer is refused entry to any facility as in 10.1 above, he or she may seek and obtain a search warrant from a court of competent jurisdiction. A non-specific search warrant may be issued by the court because of the extremely variable nature of solid waste and because solid waste disposal is a pervasively regulated industry. Further refusal of entry is cause for suspension or revocation of the permit. 10.3 Inspections and searches not associated with permitted facilities. The Health Officer may enter and inspect the areas outside the buildings of private or public property at any reasonable time when he or she has cause to believe that a violation of these regulations has occurred or is occurring. If he or she is refused entry to such property, the Health Officer may seek, and a court may issue a search warrant upon demonstrating probable cause that a violation exists. 10.4 The Health Officer may inspect any location on property or premises, including, but not limited to, the interiors of buildings or structures, when granted permission by the property owner or person in control of the property or having obtained and presented a valid search warrant issued by the court. The Health Officer may seek and Draft Solid Waste May 2004 Effective Date mmlddl04 13 .1!.))'...F":"iHI.l. lu..!." ,..:j')~,ll the court may issue a search warrant based on probable cause that a violation exists without first seeking voluntary permission for access or entry. 11. Fee Schedule A fee schedule shall be adopted by the Board of Health, and revised as needed, covering the permit and service categories relevant to the solid waste program. Categories shall include, but not be limited to: permits, penalties, waivers, services, and appeals. 12. Civil and Criminal Penalties 12.1 Civil infractions shall be imposed pursuant to Chapter 7.80 RCW, Chapter 70.93 RCW, Chapter 70.95 RCW, Chapter 173-350 WAC, and Chapter 173-351 WAC, and these regulations. Appeals to such citations shall be in the Jefferson County District Court. All lawful enforcement options, including judicial solutions, may be used to enforce state law or regulation or any local Ordinance as stated in the Jefferson County Policy on Complaint Review and Enforcement, Resolution No 42-03. 12.2 The health officer shall work cooperatively with the Washington State Department of Ecology and the Clallam County Sheriff to implement the enforcement in section (1) above. 13. Performance of Work, Abatements and Liens Failure to comply as directed by an order of the Health Officer may result in efforts by the Health Officer to mitigate actual or potential health risks, environmental risks or public nuisances by: 13.1 performing necessary corrective work and billing the cost of that work to the violator (or the violator's heirs or assigns) at established rates; or, 13.2 contracting with qualified firms or persons to perform said work or any combination of 14.1 and 14.2. Billings for work performed under this Section shall be sent to the violator and payment is required within thirty (30) days. If a bill is not paid within the given time period, the County Assessor may be directed to add this bill to the property as a lien. Final settlement of this lien may include interest of 8% per annum on the lien amount. 14. Additional health hazards and solid waste deposits - Abatement, control or reduction - Summary action - Recovery of costs. (1) The owner of land where a health hazard or solid waste accumulation exists and the person responsible for the existence of a health hazard or solid waste accumulation shall take reasonable measures to reduce the dangers associated with the health hazard or solid waste accumulation frorn the area and may abate the hazard by actions approved by the health officer. Draft Solid Waste May 2004 Effective Date mm/dd/04 14 [}JIlSlft (2) The department shall use this Chapter and existing solid waste and litter control laws when directing a person responsible to abate an accumulation of solid waste. (3) The owner or person responsible for the existence of the health hazard or solid waste accumulation is required to abate, control or reduce the hazard. The duty to abate, control, or reduce, and liability under this, ::dse upon creation of the health hazard or solid waste accumulation. Liability shall include but not be limited to all enforcement and administrative expenses incurred by the department, regardless of cause. (4) If the owner or person responsible for the existence of the health hazard or solid waste accumulation subject to this Chapter refuses, neglects, or unsuccessfully attempts to abate, control, or reduce the same, the department may summarily abate, control, or reduce the health hazard or removal of the solid waste accumulation as required by this Chapter and recover twice the actual cost thereof from the owner or person responsible. Health Deparhnent reserve account moneys may be used by the department, when available, for this purpose. Moneys recovered by the deparhnent pursuant to this section shall be returned to the Health Department reserve account. (5) Such costs shall include all salaries and expenses of people and equipment incurred therein, including those of the department. All such costs shall also be a lien upon the land enforceable in the same manner with the same effect as a mechanic's lien. (6) The summary action may be taken only after ten days' notice in writing has been given to the owner or reputed owner of the land on which the health hazard or solid waste accumulation exists. The notice shall include a suggested method of abatement and estimated cost thereof. The notice shall be by personal service or by registered or certified mail addressed to the owner or reputed owner at the owner's last known place of residence. (7) Billings for work performed under this Section shall be sent to the violator and payment is required within thirty (30) days. If a bill is not paid within the given time period, the County Assessor may be directed to add this bill to the property as a lien. Final settlement of this lien shall include interest of 8 percent per annurn on the lien amount. 15. Hearings and Appeals (1) Appeal of solid waste permit decisions. Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who is aggrieved by a permit issuance, permit denial, permit suspension, or action by the health officer, shall have the right to appeal the matter and have a hearing before a hearing officer authorized by the Board to conduct such hearings. Any such appeal must be made within ten (10) days of service of the order and the appeal will conform to the requirements of WAC 173-350 and this regulation. The decision of the hearing officer regarding solid waste permits or notice or order may be appealed to the Draft Solid Waste May 2004 Effective Date mm/dd/04 15 Board of Health. Any action to review the hearing officer's decision must be filed within thirty (30) days of the date of the decision. Except for conditions causing risks to human health or safety, appeals shall act as a stay of the health officer decision or order. (a) Hearing officer administrative hearing. Any person aggrieved by a permit decision or notice or order of the health officer may request, in writing, a hearing before the hearing officer. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the health officer. Such request shall be presented to the hearing officer within ten (10) days of the action appealed. Upon receipt of such request together with any applicable hearing fees, the hearing officer shall notify the appellant, and permit holder or applicant if different, in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The hearing officer will issue a decision affirmi.P.&, reversing, or modifying the health officer decision which has been appealed. The hearing officer may require additional actions as part of the decision. (b) Hearing procedures. Hearings shall be open to the public and presided over by the hearing officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the hearing officer. The appellant may present rebuttal. The hearing officer may question either party. The hearing officer may allow for a closing statement or summation. General rights include: (i) To be represented by an attorney; (ii) To present witnesses; (iii) To cross-examine witnesses; (iv) To object to evidence for specific grounds. In the conduct of the proceeding, the hearing officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The hearing officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. (c) Record. Inasmuch as any appeal to the Board of Health from a hearing officer decision is a review on the record, the hearing officer shall ensure that the record generated contains testimonial and documentary evidence supporting the hearing officer's issuance of the hearing decision. The hearing officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the hearing officer shall issue Draft Solid Waste May 2004 Effective Date nun/dd/04 16 its oral rulin~ unless the hearing officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under ad1isement, written findings, conclusions and orders shall be mailed to the appellant within twenty one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may challenge the permit decision based on the preponderance of the evidence. (d) Appeals. Any decision of the hearing officer shall be final and may be reviewable by an appeal filed with the Board of Health.. Any action to review the hearing officer's decision must be filed within thirty (30) days of the date of the decision. (2) Appeal of decision of the hearing officer regarding solid waste permits. (a) Any solid waste permit applicant or owner of property on or for which a solid waste permit has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste permit, or other person who is aggrieved by a permit issuance, permit denial, permit suspension, or action by the health officer, aggrieved by the findings, conclusions or orders of the hearing officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the clerk of the Board of Health within thirty (30) days of the hearing officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the hearing officer. (b) The decisions of the hearing officer shall remain in effect during the appeal. Any person affected by the solid waste permit decision may make a written request for a stay of the decision to the hearing officer within five (5) business days of the hearing officer's decision. The hearing officer will grant or deny the request within five (5) business days. (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and clerk of the Board of Health. (d) Board of Health hearing shall be open to the public and presided over by the chair of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause f-Jr the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing Draft Solid Waste May 2004 Effective Dale mm/dd/04 17 Dlf~lljftc before the hearing officer. Argument shall be limited to the record generated before the hearing officer unless the chair admits additional evidence hereunder. (e)Any decision of the Board of Health regarding the appeal of a decision by the hearing officer or the health officer relative to a solid waste permit shall be final and may be appealed to the Pollution Control Hearings Board pursuant to RCW 70.95.210. (3) Appeal to hearing officer of solid waste violation not associated with a permitted facility. (a) Stay of corrective action. The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the health officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the health officer or from the requirements regarding human health and safety. (b) Hearing officer administrative hearing. The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a notice and order to correct a violation may request, in writing, a hearing before the hearing officer. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the health officer. Such request shall be presented to the hearing officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the hearing officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The hearing officer will issue a decision affirming, reversing, or modifying the notice and order to correct violation. The hearing officer may require additional actions as part of the decision. (c) Hearing procedures. Hearings shall be open to the public and presided over by the hearing officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the hearing officer. The appellant may present rebuttal. The hearing officer may ask questions. The hearing officer may allow the opportunity for a closing statement or summation. General rights include: (i) To be represented by an attorney; (ii) To present witnesses; Draft Solid Waste May 2004 Effective Date mm/dd/04 18 l-I--\\'e",,;r:~?L L//'Ij (r)dLl~ (iii) To cross-examine witnesses; (iv) To object to evidence for specific grounds. In the conduct of the proceeding, the hearing officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a hearing officer decision is a review on the record, the hearing officer shall ensure that the record generated contains testimonial and documentary evidence supporting the hearing officer's issuance of the notice and order to correct violation. The hearing officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the hearing officer shall issue its oral ruling unless the hearing officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the notice and order to correct violation by a preponderance of the evidence. (d) Appeals. Any decision of the hearing officer shall be final and may be reviewable by an appeal filed with the Board of Health. Any action to review the hearing officer's decision must be filed within thirty (30) days of the date of the decision. (4) Appeal of decision of hearing officer regarding solid waste violation not associated with a permitted facility. (a) The owner or occupant of property on or for which a solid waste violation has been submitted or issued, or a person whose property is adjacent to property subject to the solid waste violation, or other person aggrieved by a notice and order to correct a violation may appeal the decision of the hearing officer by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the clerk of the Board of Health within thirty (30) days of the hearing officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the hearing officer. (b) The decisions of the hearing officer shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the hearing officer within five (5) business days of the hearing officer's decision. The hearing officer will grant or deny the request within five (5) business days. (c) Upon receipt of a timely written notice of appeal, the clerk of the Board of Health shall set a time, date, and place for the requested hearing before Draft Solid Waste May 2004 Effective Date mm1dd/04 19 the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the clerk of the Board of Health unless mutually agreed to by the appellant and Board of Health. (d) Board of Health hearings shall be open to the public and presided over by the chairman of the board of health. Such hearings shall be recorded. Board of health hearings shall be openEd with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The he;aring shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the hearing officer. Argument shall be limited to the record generated before the hearing officer unless the chair admits additional evidence hereunder. (e) Any decision of the Board of Health regarding health officer actions not related to permitted facilities shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 15. Waivers to Provisions of this Regulation Whenever a strict interpretation of provisions of this regulation, which are not required by Chapter 173-350 WAC, would result in extreme hardship, the Health Officer or an appointed Hearing Officer may waive the provision(s) causing extreme hardship in accordance with the provisions of this regulation. Provisions required under state law or regulation may not be waived 'vithout written concurrence from Ecology or other applicable state agencies. 16. Variances to Chapter 173-350 WAC Any person who owns or operates a solid waste handling facility subject to a solid waste permit may apply to the Department for a variance as stated in Chapter 173-350 W AC-710 (7). 17. Conflict 17.1 Whenever a conflict between statutes or regulations or this regulation is discovered or is alleged, the Health Officer shall interpret the laws and conditions and shall take the action that protects public health and is the most compatible with this regulation. 18. Severability If any section of this regulation or its application to any particular person andf or circumstance is held to be invalid, the remainder of this regulation and its application to other persons andf or circumstances shall not be affected. Draft Solid Waste May 2004 Effective Date mm/ddl04 20 8.10.010 Sections: 8.10.01 0 8.10.020 8.10.030 8.10.040 8.10.050 8.10.060 8.10.070 8.10.080 8.10.090 8.10.100 8.10.110 Chapter 8.10 SOLID WASTE Standards adopted. Additional requirements. Containers - Size, weight. Containers - Use. Landfill permits - Required. Landfill permits - Fees. Landfill permits - Renewal. Landfill permits - Suspension and appeals. Landfill permits - Hearings and appeals. Enforcement. Violations - Penalties. 8.10.010 Standards adopted. The Minimal Functional Standards for Solid Waste Handling, Chapter 173-301 WAC is hereby adopted as regulations governing solid waste dis- posal in Jefferson County. [Ord. 2-77 Part 2 ~ 1.01] 8.10.020 Additional requirements. The standards, requirements and procedures of this chapter shall be adopted in addition to the Min- imum Functional Standards. [Ord. 2-77 Part 2 ~ 1.02] 8.10.030 Containers - Size, weight. Individual waste containers that are intended to be emptied by mechanical means shall be limited in volume to 32 gallons in capacity and the gross weight of container and waste shall not exceed 65 pounds. [Ord. 2-77 Part 2 ~ 2.01] 8.10.040 Containers - Use. II shall be the responsibility of each land owner, company, corporation or individual to ensure that his waste material shall be so stored in approved containers as to preclude creation of litter. Failure to do so shall be a misdemeanor. [Ord. 2-77 Part 2 ~ 3.01] 8.10.050 Landfill permits - Required. Every person desiring to construct and/or oper- ate a sanitary landfill, transfer station, reclamation site, incinerator, composting plant or solid waste collection service in Jefferson County shall first obtain a permit from the Jefferson County health department. lOrd. 2-77 Part 2 ~ 4.01] 8.10.060 Landfill permits - Fees. Pennit fees shall be as per Jefferson County Health Department fee schedule.l lOrd. 2-77 Part 2 ~ 4.02] 8.10.070 Landfill permits - Renewal. Every permit for the operation of a sanitary landfill, transfer station or other solid waste dis- posal facility and all collection vehicle fees shall be renewed annually on or before December 31 st of each year, subject to satisfactory compliance with these regulations. lOrd. 2-77 Part 2 ~ 4.03] 8.10.086 LandfiU permits - Suspension and appeals. A permit may be suspended by the county health officer in accordance with RCW 70.95.200. [Ord. 2-77 Part 2 ~ 4.04] 8.10.090 Landfill permits - Hearings and appeals. An aggrieved applicant may appeal a denial of a permit, or suspension of a permit, in accordance with RCW 70.95.210. lOrd. 2-77 Part 2 ~ 4.05] 8.10.100 Enforcement. II shall be the duty of the county health officer to enforce the provisions of these regulations equally on all persons. lOrd. 2-77 Part 2 ~ 5.01] 8.10.110 Violations - Penalties. Any person violating any of the provisions of these regulations shall be guilty of a misdemeanor and upon conviction shall be punished by a rme of not less than $25.00 or more than $250.00, or by imprisonment in the county jail for not more than 90 days. Each separate day or any portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense, and upon conviction shall be punished as herein provided. lOrd. 2-77 Part 2 ~ 7.01] I. Fee schedules are located in the appendix to the Jefferson County Code. 8-6